Requests for Admission
(Defendant to Plaintiff) (Federal)

Summary

This template is a set of requests for admission (RFA) that may be used by a defendant in a federal district court case. It contains example requests and drafting notes. Requests for admission to parties are used to establish admission of facts about which there is no real dispute. Fed. R. Civ. P. 36. These can be particularly helpful in expediting and streamlining litigation, and can save litigants valuable time and substantial money. You may serve a written request for the admission of matters about the following: • Statements or opinions of fact • The application of law to fact or opinions thereabout • The genuineness of documents Procedure A party may use requests for admission only to obtain information from: • Other parties to the action • Adverse parties –and– • Third-party plaintiffs and defendants Fed. R. Civ. P. 36(a)(1). Absent leave of court or a written stipulation, requests for admission may not be served before the parties' discovery conference under Rule 26(f). See Fed. R. Civ. P. 26(d). However, this limitation does not apply where: • The case is in a category exempt from initial disclosure requirements (see Fed. R. Civ. P. 26(a)(1)(B)) –or– • Where the court has authorized, or the parties have agreed to, early discovery The discovery cut-off date specified in the scheduling order and any pretrial orders in the case apply to requests for admission. See Fed. R. Civ. P. 16(b), (d). Thus, requests for admission can be served up to the close of discovery, provided that responses to the requests, and responses to any related interrogatories, are due prior to the discovery cut-off date. Fed. R. Civ. P. 26(d)(1). For additional discussion about discovery cut-off and extending it, see Scope of Discovery (Federal). Motions to Compel There is no time limit for bringing a motion to compel responses to requests for admission, but it should be within a reasonable time from when it becomes clear that the parties have reached an impasse and motion practice is therefore necessary. Fed. R. Civ. P. 37(a)(3)(B)(iii); see also Motion to Compel Discovery: Making the Motion and Appealing an Adverse Ruling (Federal). Parties often serve several requests for admission at the beginning of a case to limit the scope of discovery needed. After most of discovery is completed, other requests can then be served to further limit issues for trial. However, propounding requests too early in the litigation may prompt the objection that the request is premature, particularly if the request seeks an opinion on a matter of fact. Number of Requests In contrast to interrogatories, there is no limit on the number of requests for admission that a party may propound (though the parties may voluntarily agree to or the court may impose limits). But, "[b]y order or local rule, the court may also limit the number of requests under Rule 36." Fed. R. Civ. P. 26(b)(2)(A). Also, Rules 26(b) and 26(c) together grant the Court broad discretion to control and, as appropriate, limit the scope and volume of discovery, including requests for admission. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998). You should always check the Local Rules and standing orders of the assigned judge to determine if they impose limits on the number of RFAs that may be served. Not Filed Generally, requests for admission are not filed until they are used in the case or the court orders filing. Fed. R. Civ. P. 5(d)(1)(A). For more about the proscription against filing most discovery documents, see Wagstaffe Prac. Guide: Fed. Civ. Proc. Before Trial § 34-VIII[B]. Related Content For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more on RFAs, see: • Requests for Admission: Drafting and Serving RFAs (Federal) • Requests for Admission: Responding to RFAs (Federal) For related templates, see: • Objections and Responses to Requests for Admission (Defendant to Plaintiff) (Federal) • Requests for Admission (Plaintiff to Defendant) (Federal) • Objections and Responses to Requests for Admission (Plaintiff to Defendant) (Federal)